The Ministry of Commerce has announced that the affidavit of use or non-use is now strictly required. The affidavit must be filed in the fifth year of registration in order to maintain a trademark. Previously, the Department of Intellectual Property Rights was relatively lax in enforcing the requirement, allowing owners to file the affidavit even after the fifth year. In Announcement No. 2652 dated August 11, 2023, the Ministry of Commerce states that failure to file the affidavit will result in removal of the trademark from the registry.
This is an important positive development in trademark practice in Cambodia. As it is a first-to-file system with no need to prove use or intent to use at the time of filing, the affidavit is a necessary way to police marks that are not being used. The registry has been progressively filling-up with marks that are not in use, resulting in unnecessary conflicts and complications for businesses seeking to protect their rights.
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